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New law provides that a digitally signed document, in any form provided by law, constitutes an enforceable title, even without the presence of witnesses
Law 14,620, dated July 13, 2023, included a provision in the Brazilian Code of Civil Procedure stating that “in enforceable titles constituted or certified electronically, any form of electronic signature provided by law is admissible, and the signature of witnesses is not required when its integrity is confirmed by a signature provider.”
This legislative amendment reduces negotiation bureaucracy by expressly waiving the need for witnesses to grant enforceability to electronically signed documents. The Superior Court of Justice had already applied this interpretation in 2018, but the ruling did not have binding force.
Furthermore, the Law is convenient because, prior to its enactment, there was a divergence in case law regarding the enforceability of electronically signed contracts when the certifying authority did not meet the requirements of ICP-Brasil.
Our Dispute Resolution team remains available to address any doubts that may arise regarding the subject.
